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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I live in Berks county pa and I am wondering what I can do

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I live in Berks county pa and I am wondering what I can do to get an item returned to me that someone borrowed. The item in question is a prom dress ( an expensive prom dress that my daughter and I agreed to allow a family member to borrow. It is now 5 months later and she refuses to return the dress. I didn't give her the option of whether or not she wanted to return it, the deal from the beginning was that it was to be returned the same weekend after the prom. Can I file a police report and file a small claims suit against the party. Any legal action I can take I will utilize. My daughter is very upset, this was something she did to be kind and help out, the dress means something to her and it is not the other partys dress to keep. Keeping it is not an option. Please advise at your earliest convenience. Thank you .

Thank you for your question. I happen to be a Pennsylvania licensed professional. Please permit me to assist you with your concerns.

This would not be a police report since you provided the dress personally (the dress was not stolen). The way to get this dress back is to file suit directly against the parents (as they are the guardians of the child) in small claims court for 'replevin', which is a legal term meaning to pursue a return of personal property that belongs to you. This is the fastest approach, and you likewise can attach filing fees to the petition as part of your request. You would need to file this in the courthouse that is located in the county where the defendant is located in. You can name the minor in your claim but you would be suing the parents as they are the lawful guardians.

Hope that helps.

Customer: replied 3 years ago.

Do I file a claim to get the dress back of for the cost of the dress, my fear is that she either damaged it or no longer has it. It was 800.00 and was bought at a specialty boutique and is one of a kind. I want to take whatever legal action I can to make her and her parents accountable for what they are doing.

Thank you for your follow-up.

"Replevin" permits you to file for value of the item or for the return of the item. So you can request value as part of your suit, and if the dress was damaged, then pursuing the cost would make more sense.

This is the best option available to you at this time. Good luck!

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